Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original when in possession of a person not a party to the suit - For grant of permission to lead secondary evidence it is essential and necessary to secure the presence of that person by taking the summons from the Court and it is not sufficient to say that a notice was issued to the said person for production of..........
Limitation Act, 1963, Section 27, Article 65, 67 -- Recovery of possession - Plea of adverse possession - Limitation - Judgment passed on 22.06.1981 in earlier suit filed by defendants/respondents claiming tenancy - Claim of defendants not accepted though found to be in possession - Findings rendered in earlier suit have attained finality - Subsequent suit filed by..........
Limitation Act, 1963, Article 65 -- Suit for declaration based on title - Defendants denied title of plaintiff on the basis of decree by which the title passed on to them - Plaintiff could not claim title unless the decree was set aside - Limitation to challenge decree is three years of the passing of the decree or from the date of knowledge...........
Evidence Act, 1872, Section 65 -- Secondary evidence - If documents appear to be in possession of the opposite party then secondary evidence can be allowed - Bare denial by the opposite party that it did not have the original document does not disentitle the plaintiff to prove his title by way of secondary evidence - Evidentiary value and weight of evidence led as..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Can be given when original document is shown or appears in possession or power of the person against whom the document is sought to be proved and when, after the notice such person does not produce it...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Will alleged to be taken by plaintiff on the pretext of showing it to his lawyer but did not return - Notice u/s 66 of he Act not served to produce the Will - FIR not lodged - Will not coming within six exceptions mentioned in S.66 of the Act - Held, without notice u/s 66 of the Act factum and contents of the Will..........
Evidence Act, 1872, Section 65 -- Secondary evidence - As a general rule secondary evidence is admissible only in the absence of primary evidence and when a proper explanation of its absence is given - Such secondary evidence cannot be admitted without the non-production of the original being first accounted for in a permissible manner...........
Limitation Act, 1963, Article 65, 66 -- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek declaration of title on the basis of..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of the original - Attested and true copy of the original can be allowed to be produced by way of secondary evidence especially when the original document is in possession or power of the person against whom the same is sought to be proved - This evidence should be allowed to be adduced subject to just..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell - Agreement executed in between landlord and tenant - Eviction petition as well as suit for specific performance - Vendor alleged to have paid the entire sale consideration in cash - Petitioner in eviction petition as well as suit for specific performance sought to induce secondary evidence in respect..........
